History of the Jews, Vol. 3 (of 6)Graetz, Heinrich
History
History of the Jews, Vol. 3 (of 6)
Graetz, Heinrich
Jews -- History
Bostanaï's descendants in the Exilarchate arbitrarily deposed the
presidents of the colleges, and appointed their own partisans to
the vacant places. The religious leaders of the people thus bore
Bostanaï's descendants a grudge. Even in later times, an authority
amongst the Jews had to defend himself with the words: "I am a member
of the house of the Exilarch, but not a descendant of the sons of
Bostanaï, who were proud and oppressive." The vehement quarrels
about the Caliphate, between the house of Ali and the Ommiyyades,
were repeated on a small scale in Jewish Babylonia. The half-century
from Bostonaï and the rise of the Gaonate till the Exilarchate of
Chasdaï (670 to 730) is in consequence involved in obscurity. Few also
of the Geonim who held office and of the presidents of the colleges
during this period are known, and their chronological order cannot be
ascertained. After Mar-Isaac, probably the first Gaon of Sora, Hunaï
held office, contemporaneously with Mar-Raba in Pumbeditha (670 to
680). These presidents issued an important decree with respect to the
law of divorce, whereby a Talmudical law was set aside. According to
the Talmud, the wife can seek a divorce only in very rare cases, _e.
g._, if the husband suffers from an incurable disease. Even if the
wife were seized with an unconquerable aversion to her husband, she
could be compelled by law to live with him, and to fulfil her duties,
on penalty of losing her marriage settlement, and even her dowry, in
case she insisted upon the separation. Through the domination of Islam
circumstances were now changed. The Koran had somewhat raised the
position of women, and empowered the wife to sue for a divorce. This
led many unhappy wives to appeal to the Mahometan courts, and they
compelled their husbands to give them a divorce without the aforesaid
penalties. It was in consequence of the events just related that Hunaï
and Mar-Raba introduced a complete reform of the divorce laws. They
entirely abrogated the Talmudical law, and empowered the wife to sue
for a divorce without suffering any loss of her property-rights. Thus
the law established equality between husband and wife. For the space of
forty years (680 to 720), only the names of the Geonim and Exilarchs
are known to us; historical details, however, are entirely wanting.
During this time, as a result of quarrels and concessions, there arose
peculiar relations of the officials of the Jewish-Persian kingdom
towards one another, which developed into a kind of constitution.
Public-domain text, read in full here on John Shaqi.
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